CHAN WAI MING V. XIE WEIQIN AND OTHERS

[2025] HKCA 443 Court of Appeal 14 May 2025 • CACV467/2022 • 57 min read

18 cases cited (0 HK, 18 foreign)

Outcome

Appeal dismissed

the appeal is dismissed with costs to the defendants.

Source: [2025] HKCA 443, Court of Appeal, decided 14 May 2025. Read directly from the judgment.

Practice Areas

Wills, Probate & Estates

Judges (3)

Cheung Coram G Lam Coram Kwan Coram

Counsel (7)

Huen & Cheung Firm Li & Partners Firm Audrey Eu Counsel Defendant Jason Kung Counsel Defendant Jonathan Ng Counsel Plaintiff Kenny Lin Counsel Defendant Victor Dawes Counsel Plaintiff

Parties (1)

IN THE ESTATE of Chan Mau Chuklate of 2 nd Floor, No 78 Kong Ha, Sha Tau Kok, New Territories, Hong Kong, divorced man, deceased (the ‘Deceased’) Unknown

Case Significance

CHAN WAI MING V. XIE WEIQIN AND OTHERS [2025] HKCA 443 is a Court of Appeal decision dated 14 May 2025 in the wills, probate and estates area, engaging the Rules of the High Court. The Court of Appeal held: "the appeal is dismissed with costs to the defendants." The judgment cited KWAN KWAI LIN AND ANOTHER V. YEUNG ON KI [2025] HKCA 203, together with further Hong Kong and English authorities including (2005) 8 HKCFAR 387 and [1927] AC 515.

Summary

Estate dispute over the will of Chan Mau Chuk, where the plaintiff (son from first marriage) challenged the validity of the deceased's will leaving his estate to the defendants (second wife and children). The plaintiff argued the deceased lacked testamentary capacity and did not understand or approve the will's contents. The Court of Appeal upheld the trial judge's decision, dismissing the appeal with costs and granting a certificate for two counsel.

What did the Court of Appeal decide in CHAN WAI MING V. XIE WEIQIN AND OTHERS [2025] HKCA 443?

The Court of Appeal held: "the appeal is dismissed with costs to the defendants," in a wills, probate and estates matter decided on 14 May 2025 that engaged the Rules of the High Court.

What authority did the Court of Appeal cite in CHAN WAI MING V. XIE WEIQIN AND OTHERS [2025] HKCA 443?

The judgment cited KWAN KWAI LIN AND ANOTHER V. YEUNG ON KI [2025] HKCA 203 among the authorities considered, alongside further Hong Kong and English case law including (2005) 8 HKCFAR 387 and [1927] AC 515.

Statutes Cited

Rules of the High Court (Cap 4A)

Cases Cited (18)

UK (12)

[1901] AC 354 [1920] AC 349 [1927] AC 515 [1959] 1 WLR 284 [2002] 1 WLR 1097 [2004] EWCA Civ 1554 [2010] 1 WLR 2020 [2010] EWCA Civ 1430 [2010] EWCA Civ 840 [2011] Ch 270 [2011] Ch 380 [2014] EWCA Civ 280

HK (6)

(2005) 8 HKCFAR 387 [2018] 2 HKLRD 864 [2022] HKCFI 3327 [2023] 3 HKLRD 311 [2023] 6 HKC 411 [2025] HKCA 203

Citation influence

HKLII records this judgment as cited by 2 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKCFI 5854 原訟法庭

5 December 2025

[2025] HKCFI 2453 原訟法庭

13 June 2025